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Department of Army Permitting Process: Dredging

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1 Department of Army Permitting Process: Dredging
Felicity Dodson Regulatory Project Manager Regulatory Branch USACE Galveston District Dredging Your Docks Seminar Beaumont, Texas November 6, 2013

2 U.S. Army Corps of Engineers, Galveston District
50,000+ square miles 700 miles of coastline 48 counties, portions of 4 Louisiana parishes 16 Congressional Districts 26 Regulatory Project Managers 8 Branch Leaders 10 Support Staff Members Custodians of the Coast

3 Section 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401)
Structures and/or work in, or affecting, navigable waters of the United States. Structures and/or work outside the limits of navigable waters, IF these structures or work could affect the course, location, or condition of the waterbody so as to impact its navigable capacity. Artificial islands, installations, or other devices on the outer continental shelf. .

4 Section 404 Clean Water Act (33 U.S.C 1344)
Discharge of dredged or fill material. Activities Regulated as a Discharge: Addition of dredged material to a specified discharge site located in waters Runoff or overflow from a contained land or water disposal area Any addition, including more than incidental redeposit of dredged material, mechanized land clearing, ditching, channelization, or other excavation

5 Section 103 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act - 33 U.S.C. 1413)
Transportation of dredged material by vessel or vehicle for purpose of dumping in ocean waters at sites designated by EPA under 40 CFR 228. Dredged material, for purposes of Section 103, means any material excavated or dredged from “navigable” waters of the United States.

6 Department of the Army (DA) Permits
Nationwide Permits Authorizes Section 10 and Section 404 actions Minimal impact to aquatic environment Streamlined permit review process Letters of Permission Authorizes Section 10 Actions ONLY Non-Controversial Actions 15-day Interagency Coordination Standard Permit Authorizes Section 10 and Section 404 Actions Controversial Actions 30 Day Public Notice

7 Nationwide Permits (NWPs) for Docks and Dredging
NWP 3 – Maintenance (not including dredging) NWP 13 – Bank Stabilization NWP 19 – Minor Dredging NWP 35 – Maintenance Dredging of Existing Basins NWP 16 – Water Quality Certification for return water from upland disposal BE SURE TO CHECK: Pre-Construction Notification (PCN) requirement General Conditions (All NWPS) Regional Conditions (by state or geographic region)

8 Applying for a DA Permit
Engineer Form 4345, with original signatures Signed Agent Authorization Complete description of the proposed activity including supporting documentation, and plans sufficient for Public Notice [Per 33 CFR 325.1(d)(1)] Call the Corps if you have questions!

9 Why does the permit process take so long?
Primary cause of delay for applications is incomplete, inaccurate, or contradictory information.

10 Project Plans (Drawings)
8.5” by 11” paper, color is ok if legible. Include all jurisdictional work, adjacent structures, access roads, staging AND Dredge Material Placement Areas (DMPAs). Good vicinity map(s), including DMPAs. Scale or stated dimensions Complete Legend All Drawings must be consistent - Tables and written descriptions MUST MATCH drawings!

11 Vicinity Maps: As if you’ve never been there before
Insufficient Good Compass or North Arrow Show location in relation to some known point. Lat/Lon or UTM coordinates are extremely helpful. Old plans and maps may need to be updated for permit amendments, if they are no longer legible.

12 TMI (Too Much Information)!
Limit information to only what is necessary for permit evaluation purposes.

13 Example Plans: Dredge site

14 Example Plans: Confined Placement Area with Levees

15 Submitting the Application
Attach all supporting information - maps, drawings, photos, etc. Sign and date the Application (Engineer Form 4345) Review for 3 “C”s: Correctness Consistency Completeness Keep copies of all submitted pages. Mail application with original signatures.

16 Specific Issues Related to Dredge Material Placement
Confined Upland Placement Beneficial Use (BU) Options Material testing requirements If DMPA/BU site is located in Louisiana, coordination with LA State Agencies is required

17 Confined Placement Areas
Lake Huron Craney Island (Portsmouth, VA) Sabine Neches Water Way

18 Beneficial Uses of Dredged Material
Wetland Habitat Shoreline Protection Beach Renourishment Recreation Agriculture Island Habitat Construction Fill Construction Materials

19 Sediment Testing Requirements
May be required by multiple agencies Navigation District State Water Quality Certifying agency (TCEQ, LADEQ) EPA (in certain cases) Early consultation can save your schedule and budget!

20 How We Can Help Pre-application meetings are available to get feedback in your project while in the planning stages. Regulatory project managers and staff are here to help. If you have a question, ASK!

21 Questions! Contact us: Mailing Address: U. S. Army Corps of Engineers
Galveston District  CESWG-PE-R  P.O. Box 1229  Galveston, TX Telephone:  Fax:  (call ahead to schedule a meeting) District Office Location: U.S. Army Corps of Engineers  Jadwin Building  2000 Fort Point Road  Galveston, TX 77550 On the web at:

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